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CAR DEALER CHARGED WITH SH5 MILLION FRAUD.

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BY NT CORRESPONDENT.

A car dealer has been charged before a Nairobi court with Sh 5 million fraud.

Jefferson Mugambi Marete appeared before Milimani Resident Magistrate Jane Kamau and denied the fraud charge.

Mugambi is accused that on diverse dates between October 30,2018 and February 12,2019 at Nairobi Central Business within Nairobi city County with intent to defraud obtained Sh 5 million from Richard Alfred Gitonga Wagichung’e by falsely pretending he was in position to import Toyota Land Cruiser V8 on behalf of Wagichung’e a fact he knew was false.

He was released on a cash bail of Sh 500,000 or alternative bond of 1 million.

JUDGE PULLS OUT OF NOKIA CASE AFTER ACCUSATION OF BIAS.

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BY SAM ALFAN.

A High Court judge has recused herself from a petition filed by Nokia Corporation after a Kenyan company, which seeks to privately prosecute its bosses for illegally obtaining its tax information, accused her of bias.

Justice Cecilia Githua recused herself from the case saying she was no longer comfortable handling the matter pitting the telecommunications giant and TechnoService ltd.

 “To save the court’s time and expedite hearing of the applications, I hereby, for personal reasons, recuse myself from hearing this matter going forward,” the Judge said and forwarded the file to another judge to handle the case.

Judge Githua added that it is crucial for parties to a dispute before court to be confident that Justice has been done at the end of the day, irrespective of the outcome of their case.

She reiterated that she had no interest whatsoever in the matter and she had no reason to be biased in favour of or against any of the parties.

The judge added that it was her view that hearing the application will not change the fact that she is no longer comfortable handling the case and it will only end up utilizing the time that would otherwise have been spent dealing with the main issues raised in the several applications that have been filed by parties.

Nokia Corporation lawyer Taib Ali Taib termed allegations by the TechnoService against the judge were ridiculous accusations and naked attempt to coerce and intimidate the court.

Taib told the court that TechnoService have calculated that that is what a decent judge who has no interest in the case will most do and achieve their objective of forum shopping.

“It is important not to recuse yourself because this will amount to succumbing to machinations of a Litigant who is forum shopping who will not stop accusing judges who do not agree with the decision they want arrived,” added Taib.

Lawyer Abbas Ismael also added that the allegations that was made against the judge were scandalous and scathingly untrue that if the court was to recuse itself now, it will be important pandering to what the applicant was attempting to do.

“The entire application is that of a sour loser. It is important to state that there is an allegation made which is totally untrue – that the court sat on April 27, because your name does not appear on the CTS on that day,” said Ismael.

While making allegations of bias, also requested the matter to be mentioned before the presiding judge of the criminal division for it to be allocated to another judge.

The parties agreed the matter to be mentioned before Justice Nzioka for further directions.

“My view is that the application need to be argued because although the claims by the applicant are totally false and unfounded, perceptions are important on matters to do with the administration of Justice because this is what informs the principle that Justice must not only be done but also must be seen to be done, ” said Judge Githua.

TechnoService wants to prosecute Nokia’s officials including a former chief executive officer Rajeev Suri, Aapo Saarikivi and Roschier Attorneys limited for information on TechnoService Nokia says it obtained from the Companies Registry.

Nokia, however, moved to the High Court after it was served with summons to appear virtually and plead to the charges.

Under a certificate of urgency, Nokia said its reputation and image as an information technology company is at stake and the orders, suspending the charges brought by TechnoService ltd, are to be granted.

CJ KOOME PUSHES FOR MORE BUDGET ALLOCATION.

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BY SAM ALFAN.

Chief Justice Martha Koome has decried the poor allocation of funds to the Judiciary, which she says hampers service delivery.

CJ Koome noted that although the Judiciary was allocated Sh17.9 billion, it was about half the amount allocated to Parliament.

She also pointed out that the budget allocation is always slashed during the midyear reviews.

“Mr Speaker, I note that even though Judiciary is decentralised across the country, employs over 4,000 staff, it has half of Parliament’s Sh. 37 billion budget,” she said.

The CJ said the Judiciary has to clear cases over 5 years old, adopt new technology to enhance efficiency and access to court, take justice closer to the people and increase the speed of resolution of all cases.

Koome added that Judiciary had the benefit of funding from the World Bank via the Judicial Performance Improvement Project for the past five years.

However even though this funding was significant, Judiciary’s day to day work cannot be dependent on donor funding.

“I am therefore calling on Parliament and the National Treasury to fully fund Judiciary’s budget,” she said.

She added, “While I assumed office at the end of the budget cycle, I’m requesting that even before the mid-year review of the national budget, the Judiciary’s budget should be fully funded, including activating the Judiciary Fund,” she added.

She said her vision is to continue to build on the firm foundations predicated on the Judicial Transformation Framework and the Sustaining Judicial Transformation with an added focus to a bottom- up approach towards improving access to and quality of justice.

The Chief Justice said she appreciated the two blueprints have dealt with transforming the institution of the Judiciary and it is now time that the Judiciary seeks to transform the society.

“My dream is to work with the entire Judiciary and other stakeholders to build lasting partnerships in and out of the administration of justice.

“This is with a view of building their capacity with knowledge that will empower them to bear their own agency so as to become champions for justice. When everybody becomes an agent and champion for justice, I believe this country will start looking for our own indigenous solutions, that leads to reconciliation and peace,” added the CJ.

The CJ was speaking during the assumption of office of Justice Daniel Musinga who was recently elected the president of the Court of Appeal.

“As we celebrate the transition in leadership at the helm of the Court of Appeal and welcome the new cohort of justices I want us to stop and reflect on our resilience as a court and an institution. This resilience is a function of both good leadership and a strong team,” added the CJ.

The CJ also added that too often we focus on the person in leadership to the exclusion of others and yet the whole requires both the leader and the team.

” We need each other and together we can continue to sustain this institution and we do that by each playing our judicial role and by collectively holding each other up to accountability. We are as strong as our weakest link and this doesn’t mean we cannot be at time dejected or feel like circumstances are unjust or unfair, we are human,” aaded CJ.

The CJ said judges career which is also a calling can be lonely and they must lean on each other for support and strength and most importantly, they must remember our constitutional role and acquit ourselves accordingly, exercising authority on behalf of the people and for and on behalf of the people of Kenya, guided only by the Constitution and the law.

BIOLOGIC SOLUTIONS DIRECTOR CHARGED.

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BY PHOEBE WANJOHI

A director with Biologic Solutions Limited has been charged before a Nairobi court with stealing Sh 57 million.

Emmoty Opany Awour appeared before Milimani Senior Principal Magistrate Kennedy Cheruiyot and pleaded not guilty to the theft charge levelled against him by the state.

Opany is accused that on diverse dates between January 2012 and September 2018 in Nairobi county being director of Biological Solutions Limited stole Sh 57,155, 079 the property of the said company.

He was released on a cash bail of Sh 100, 000.

According to his lawyer, the charges are malicious and meant to intimidate his client who he said is also the owner of the company he allegedly stole from.

He told the court that the asset of the company was bought by money contributed by the accused and other directors and there is a commercial dispute pending before the High Court commercial division over the same.

FORMER NOKIA CEO NOW WANTS TAIB, LAW FIRM OUT OF PETITION PENDING BEFORE HIGH COURT.

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BY SAM ALFAN.

A former chief executive officer of Nokia Corporation has filed an application opposing special prosecutor Taib Ali Taib from representing the multinational in a case pending before the High Court.

Rajeev Suri, the former CEO of the multinational also opposes the firm of Anjarwalla & Khanna LLP in the case saying senior partners in the law firm acted in cases pitting Nokia and TechnoService ltd, hence privy to confidential information.

In the matter, Nokia and its former directors and lawyers moved to the High Court to stop criminal proceedings brought against them by TechnoService ltd.

The giant telecommunications company moved to the High Court to stop private prosecution of its top bosses for allegedly obtaining tax information of a Kenyan company for use at an international court.

The telecommunications company says its reputation and image as an information technology company is at stake and the orders, suspending the charges brought by TechnoService ltd, out to be granted.

“Considering its international repute as a well-known multinational telecommunication and information technology company, it would be imperative that the orders of stay are issued to prevent the further perpetuation of abuse of the process of court,” the petition before the High Court states.

Nokia and TechnoService have been battling in various courts and late last year, the Kenyan company was allowed to privately prosecute the multinational company together with its officials and lawyers.

Those to be prosecuted include Rajeev Suri and Aapo Saarikivi and Roschier Attorneys limited for allegedly illegally obtaining tax information as well information on TechnoService from the Companies Registry.

TechnoService said Nokia intended to use the information for purposes of defeating justice in a case that was pending before the International Chamber of Commerce (ICC) in Helsinki, Finland.

It is alleged that Nokia and its agents obtained the information from Registrar of Companies and Kenya Revenue Authority (KRA) between September 2018 and March 2019 as Nokia asked for security of costs from the Kenyan company, before the arbitration case proceeds. The matter was later withdrawn.

TechnoService was allowed to privately prosecute Nokia and its bosses with 11 counts including conspiracy to fabricate evidence, conspiracy to defeat justice, making a false document, uttering a false document, perjury and subordination.

And after moving to the High Court, Suri said Anjarwalla & Khanna LLP have filed suit papers and made representations to indicate that they act for him.

He also revealed that Taib, a gazetted Public Prosecutor on the other hand has made representations herein that he acts for Nokia Corporation.

But Suri said Taib is in fact a proxy of Anjarwalla & Khanna in the purported representation of Nokia Corporation.
He said the law firm of Anjarwalla & Khanna LLP through its regional office in Dubai operating under Anjarwalla Collins & Haidermota acted for TechnoService Limited, against Nokia Corporation in matters related to and giving rise to the case.

He said the law firm has generally acted for TechnoService and its directors including Bulent Gulbahar in several matters and has closely interacted with the company and, thus, has confidential corporate, trade and operational information which poses a risk of undetectable breach and abuse of advocate client confidentiality.

He further said Atiq S. Anjarwalla, who is a senior partner at Anjarwalla & Khanna LLP and managing partner at Anjarwalla Collins & Haidermota, and Karim Anjarwalla, who is Managing Partner at the law firm among other lawyers at the two affiliated law firms closely represented and acted for TechnoService and its Director Bulent Gulbahar from 2009 until August 2016.

“In view of the foregoing, Anjarwalla & Khanna LLP was and is privy to confidential information passing between parties herein prior and during the period that it represented TechnoService,” he said.

EQUITY MANAGER CHARGED.

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BY NT REPORTER.

Equity Bank operations manager has been charged with stealing over Sh200, 000 from the bank.

Michael Obanda Etabale appeared before Milimani Senior Principal Magistrate Kennedy Cheruiyot and pleaded not guilty.

Etabale is accused that on diverse dates between September 21, 2020 and June 2,2021 at Equity Bank Limited Kilimani branch in Nairobi county being Relationship manager jointly with others not before court, stole Sh220, 733 the property of Equity Bank which came to his position by virtue of his employment.

He was released on a bond of Sh 250, 000 or cash bail of Sh50, 000.

CHINESE BUSINESSMAN TO BE CHARGED OVER SH11.7 MILLION FRAUD.

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BY NT CORRESPONDENT.

A Chinese National is expected to be charged before a Nairobi court next week for allegedly defrauding over Sh11.7 million from a company linked to the city lawyer.

Qu Gaolel appeared before Milimani Senior Principal Magistrate Kennedy Cheruiyot but failed to plead to the criminal charges.

This is after Gaolel Lawyer claimed he didn’t not understand english.

The magistrate however directed prosecution to secure a Chinese translator who will interpret charges for him on Monday when he is expected to be charged.

According to a charge sheet filed in court, the accused is alleged that on diverse dates between May 11 and October 11 this year at Kileleshwa Westlands Sub-county within Nairobi County jointly with others not before court with intent to defraud obtained Sh1, 787, 740 million from Enzyne Creation limited.

He obtained the millions by falsely pretending that letter of payment standing instructions order dated May 12, 2021 of the said amount of money held at Sidian Bank Kenya road Nairobi which he delivered to Enzyme Creation limited was valid and genuine letter a fact he knew was false.

FORMER NHIF BOSS KERICH PLACED ON DEFENCE IN SH117 MILLION NHIF DEAL WITH MERIDIAN.

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PHEOBE WANJOHI.

Former National Hospital Insurance Funds (NHIF) CEO Richard Kerich and others charged with defrauding the institution over Sh 116.9 million have a case to answer,a Nairobi court has ruled.

Anti-Corruption chief magistrate Lawrence Mugambi ruled that the prosecution has established a prima facie case against Kerich and his co-accused person Meridian Medical Centre directors Peter Ngunjiri Wambugu and Ndiba Wairioko,Marwa Fadhili Chacha, a former manager strategy and cooperate planning, David Chingi a former assistant manager, benefits and quality assurance at NHIF and put them on their defence.

The magistrate noted that the evidence tabled before court through prosecution witnesses is too strong against all the accused persons in regard in participation to the conspiracy to defraud NHIF of over 116 million.

In his submissions the Director of Public Prosecutions (DPP) had asked the trial court to find the accused persons with a case to answer of the several graft charges they face.

They were charged in connection to the provision of medical scheme for civil servants and disciplined services awarded to Meridian Medical Centre ltd at a cost of Sh116.9 million.

The former NHIF officials are accused of entering a deal with Meridian Medical Centre Limited for the provision of medical services under the civil services and disciplined forces scheme, when they were aware that Meridian had no capacity to provide such services.

Kerich, Chacha and Chingi are also accused of abuse of office, failing to comply with procurement laws and conferring a benefit of Sh 43 million to Meridian, offences they allegedly committed December 21, 2011 and February 8, 2012.

Meridian was among 173 facilities that responded to an advertisement by NHIF calling for proposal for provision of outpatient services to civil servants.

The cover, known as Mzalendo, shortlisted 10 branches belonging to Meridian. The Scheme, was to start running from January 2012.

The court, however acquitted Chacha on one count of failing to comply with the laws relating to procurement saying his involvement in the process came later after the procurement had been done.

“The involvement of the 2nd accused (Chacha) only came later on, that is, post the fact of selection of the 6th accused (Meridian) as a medical service provider and contracting. On the failure to with the law relating to public procurement,” Magistrate Mugambi ruled.

EABL TOP MANAGER DENIES WOUNDING HIS LOVER’S HUSBAND.

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BY SAM ALFAN.

A regional sales manager of East Africa Breweries (EABL) has been charged before a Kibera court with causing grievous harm to a man alleged to be his lover husband. 

Victor Mwenda Luti was charged before a Kibera court with causing grievous harm to the chief executive officer of Siuma Auctioneers Zacharia Barasa.

He appeared before Kibera Senior Principal Magistrate Esther Bhoke and denied the charge.

It is alleged that Mwenda committed the offence on May 22, this year at Shanzu road within Westlands Sub-county in Nairobi.

The court ordered him to deposit bond of Sh200,000 or alternative cash bail of Sh60,000 to secure his release.

This case will be mentioned on June 26 for further directions.

It is being alleged that he dragged down his lover’s husband before hitting him with a metal rod in Nairobi’s Spring Valley estate. 

On arrival at his residence, Barasa confronted Luti and attempted to open his car but Luti drove off for nearly 300 metres dragging him down along the road as he (Barasa) held on to the door.

BUSINESSMAN CHARGED WITH 200 MILLION LAND FRAUD.

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BY SAM ALFAN.

A Nairobi businessman has been charged with conspiracy to defraud a company a parcel of land worth Sh200 million.

Francis Njeru Nyaga appeared before Milimani Senior Principal Magistrate Kennedy Cheruiyot and pleaded not guilty to several charges including conspiracy to defraud, forgery and making false documents.

The court heard that Nyaga committed the offence on unknown dates and unknown place in the country.

The charge sheet stated that with intent to defraud and jointly with others not before court, Nyaga conspired to defraud Siesta Investment limited land measuring approximately 2.591 hectares situated along Mombasa road.

He allegedly procured the registration of the land using IR. NO. 176998 LR 20273, which is valued approximately Sh200 million in the name of Eliud Simon Mbilu.

Nyaga is also accused that on unknown dates and unknown place jointly with others not before court with intent to defraud Siesta Investment limited, he forged title in the name of Eliud Simon Mbilu purporting it to be a genuine certificate of title issued and signed by Charles K. Ngetich, the Registrar of Lands at Ministry of Lands and physical planning at Ardhi House Nairobi.

He is also accused of forging lease and title of the said land in the name of Eliud Simon Mbilu purporting it to be genuine title issued by the Registrar of Lands.

He was released on a bond of 1 million or alternative cash bail of Sh200, 000.